ABS-CBN FOUNDATION INTERNATIONAL

WEBSITE TERMS OF USE

ABS-CBN Foundation International (“ABS-CBN”) allows you access to its www.abscbnfoundation.org Website (the “Website” or “www.abscbnfoundation.org”), subject to the terms and conditions contained herein and in such other terms and conditions as may be applicable. If you choose to access this Website from locations outside the United States: (1) you do so at your own risk and you are responsible for compliance with any local laws; and, (2) you confirm and acknowledge that you will comply with the relevant laws of California, USA in accessing and using this website.

These Terms and Conditions of Use (“Terms”) constitute legally binding terms and govern your use of www.abscbnfoundation.org and the associated services which are operated by ABS-CBN. Any reference to “we,” “us,” or “our” in the Terms refer to ABS-CBN. Any reference to “you” or “user” refer to the person using the Website. Do not use this Website if you do not agree to the Terms or if your jurisdiction will not honor them. Due to regulatory requirements, residents of the Middle East must not donate to ABS-CBN. Any donations from residents of the Middle East will not be accepted, and will be returned to the donor, by ABS-CBN.

We may update the Terms from time to time without prior notice and your continued use of the Website constitute your acceptance of the Terms, and any amendment or updates thereto. Unless otherwise specified, any new feature/s of the Website shall be subject to the current Terms. Current versions, including recent updates, will be available for review on the Website.

MARKS AND LOGOS

You acknowledge that ABS-CBN, the ABS-CBN Group and/or its Subsidiaries and Affiliates owns and/or has the exclusive right to use “www.abscbnfoundation.org”, the ABS-CBN FOUNDATION INTERNATIONAL logo, the ABS-CBN logo and other marks and logos related to the Website and content therein, and to the Company (collectively the “ABS-CBN marks”). You agree not to use or display any ABS-CBN mark/s in any manner, and/or not to assert any right or claim thereto or ownership thereof.

WEBSITE AND CONTENT

The Website (including past, present and future versions) and all components that are included in or are otherwise part of the Website, including without limitation to, graphics, layout, text, content, instructions, images, audio, videos, designs, advertising copy, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrighted and copyrightable materials; the “look and feel” of the Website; the compilation, assembly and arrangement of the components of the Website and all other components related to the Website (collectively, the “Components”) are owned or controlled by or licensed to ABS-CBN, the ABS-CBN Group or its Subsidiaries and Affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, service mark, patent, publicity and other proprietary rights and all applicable local, federal and international laws. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Website and Components or take any action whatsoever in derogation of ABS-CBN’s or its licensors’ rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Components, or aid or abet anyone else in doing so.

You may only access and view the Website and Components personally and for non-commercial purpose (“Right to Use”). Your Right to Use does not grant, convey or otherwise transfer any license, sublicense or ownership of any such Components. You agree not to sell/resell, digitally stream, broadcast or disseminate, modify, rent, lease, distribute or create derivative works based on the Website or any content thereof, or retain any copy/duplicate of any Components, in whole or in part, absent the prior express written authorization of ABS-CBN.

ACCOUNT REGISTRATION, ETC.

You understand that you may need to create an account to have access to certain portions of the Website. In consideration of your use of such portions of the Website, you will provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration form (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if ABS-CBN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABS-CBN has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof), in addition to exercising all rights and remedies allowed by law. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason.

DONATION TRANSACTIONS

The donation process, including the available means of payment methods in the Website, will be posted in the Website, and is subject to the sole discretion of ABS-CBN. We use secure payment service providers to process your online transactions, including but not limited to PayPal. When you make a donation, you may be subject to the separate Terms and Conditions and Privacy Policy of these service providers as applicable.

USER CONTRIBUTIONS, REVIEWS AND COMMENTS

You may publish, transmit, submit, tag or post (collectively, “Post”) photographs, videos, reviews and comments that are directly relevant to www.abscbnfoundation.org or to the linked websites. You may also chat or send electronic communications (collectively, “Chat”) to other Website users. Posts will be deemed user contributed materials and shall be subject to the policies regarding User Posted Material detailed hereof. You agree not to Post, Chat or otherwise make available any of the following: a.) harsh, profane indecent, offensive or discriminatory language; b.) illegal, obscene, defamatory or objectionable materials; c.) personal information, URLs, phone numbers, contact information, home, office, mailing or e-mail addresses; d.) personal attacks on another person or entity; e.) unauthorized advertising or promotional materials or any form of solicitation; f.) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or computer hardware or telecommunication equipment. Violation of the foregoing will result in the immediate blocking, suspension or termination of your access to the Website. Additionally, in the event of any injuries or damages resulting from such violation to either ABS-CBN, the ABS-CBN Group, or the Subsidiaries and Affiliates or other users of the Website, you may be exposed to all applicable civil and/or criminal penalties.

You further agree not to collect, share or store personal data about other users. You also agree not to claim the identity of or misrepresent another person. You understand and agree that ABS-CBN will store the materials or communication subject of your Posts or Chats on its servers. Such materials will be subject to the Privacy Policy or as posted on the Website.

USER POSTED MATERIAL

You understand and agree that all information, data files, written text, Post(s) or other images (collectively “Material”), which are made available by users of the Website, past and present, on or through the Website are the sole responsibility of the person from whom such Material came.
ABS-CBN does not endorse any Material posted by the users and such Material does not reflect the opinion or policies of ABS-CBN and its Subsidiaries and Affiliates, nor of their employees, directors, shareholders, officers, agents, or representatives. You agree to waive any legal or equitable right or remedy you may have against ABS-CBN and its Subsidiaries and Affiliates, their employees, directors, shareholders, officers, agents, or representatives with respect to any Material posted by a user on the Website.

By Posting a Material on the Website, you represent and warrant that you own the Material posted or that you have obtained permission from the rightful owner of the Material to Post, use or display it on the Website. You also represent and warrant that the Posting of the Material does not violate the right of any party or entity, including but not limited to invasion of privacy or infringement of intellectual property rights. You agree to indemnify and hold ABS-CBN, its Subsidiaries and Affiliates, their employees, directors, shareholders, officers, agents, or representatives, free and harmless from and against any claim, suit, liability or damages which may arise out of or in connection with any Material which you Post on the Website. You also grant ABS-CBN and its Subsidiaries and Affiliates a perpetual, irrevocable, worldwide, royalty-free, unrestricted, unconditional and non-exclusive license to use, reproduce, adapt, modify, translate, publish and distribute the Material, in whole or in part, you Post or make the same available on the Website or any platforms of ABS-CBN, its Subsidiaries and Affiliates.

We reserve the right, but shall have no obligation, to pre-screen, monitor, review, edit, modify, flag, refuse or remove any Material you Post or make available in the Website upon our reasonable belief that such Material is offensive, indecent, objectionable, infringes the right of a person or entity, or for any reason whatsoever at any time.

In using the Website, you may be exposed to Material made available by other subscribers or users that you may find offensive, indecent or objectionable. In such case, please advise us of such Material by going to the Contact Us page. However, you hereby expressly acknowledge and accept that certain Material may be posted or contained on the Website that may be in opposition to your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.

ADVERTISEMENTS AND LINKS

The Website may show advertisements and communications from ABS-CBN, and its Subsidiaries and Affiliates. Unless otherwise specified, no advertisement, communication or information shall be deemed as a binding offer from ABS-CBN, or its Subsidiary or Affiliate. Furthermore, ABS-CBN makes no warranty, representation(s) or endorsement of any goods or services offered thereof. The Website may also show advertisements and communications from advertisers, or other third parties, other than ABS-CBN (“Other Advertisers”). You agree that your correspondence, transactions or dealings with the Other Advertisers are solely between you and the Other Advertisers (including, but not limited to, issues related to the content of third-party advertisements, payments, delivery of goods, warranties, privacy and data security). You agree and acknowledge that ABS-CBN shall not be liable for, and that you shall hold ABS-CBN and its Subsidiaries free and harmless from, any loss, claim, suit, proceedings or damage in connection with your correspondence or dealings with the Other Advertisers.

Other than the web pages operated by ABS-CBN which are linked to the Website, the www.abscbnfoundation.org site may also contain and provide links to other internet websites or social media sites (collectively, the “Linked Websites”), including but not limited to online donation payment gateways. We encourage you to review the terms of use and privacy policies of these Linked Websites so that you can understand how they are operated and how they collect, use and share your information. We are not responsible for the information used, collected or shared by the Linked Websites. You agree and acknowledge that ABS-CBN may have no control over the content, operations, policies, terms or other elements of the Linked Websites. You further agree and acknowledge that ABS-CBN shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any content, goods or services available in the Linked Websites. No warranty, implied or express, is offered by ABS-CBN or its affiliates as to any goods or services provided by the advertisers or any other third parties.

You are not permitted to link or shortcut to our Website from your website, blog or similar application, without obtaining prior written permission from us.

PROMOTIONS

From time to time, ABS-CBN may conduct promotions on or through the Website, including without limitation to, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotion(s). It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.

DISCLAIMER

ABS-CBN provides the Website, and all its Components, on an “as is” basis, and hereby expressly disclaims all representations, warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ABS-CBN does not ensure continuous, error-free, secure or virus-free operation of the Website. We may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate.

To the maximum extent allowed by applicable laws, ABS-CBN, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, for any information, software, products, services, content and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if ABS-CBN has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

INDEMNITY

You agree to defend, indemnify and hold ABS-CBN, its Subsidiaries and Affiliates and their directors, officers, agents, or other partners, and employees, free and harmless from and against any and all claims, damages, liabilities, losses, costs and expenses, including attorney’s fees, made by any third party due to or arising out of or are otherwise directly or indirectly related to your use of the Website, or activities in connection to the Website, your use of the facilities of the Website, your violation or breach of the Terms, your violation of the rights of any person or entity, or your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities in connection with your use of the Website.

MISCELLANEOUS

These Terms shall be governed by the laws of California, USA.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience and have no legal or contractual effect. For more information on the system requirements of the Website, please let us know through our Contact Us page. If you have any questions or comments, please go to the Contact Us page or send us an e-mail to: [email protected]

Date: November 13, 2018

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